# Is Imam Malik's own fatwa the Maliki madhhab?

*Imam Malik's own fatwa versus the later madhhab*

- URL: https://muftiabulayth.org/r/hcscudhd8bu/s/4/
- Date: 2014-05-09 · Kind: discussion · Transcript tier: machine · Recording: Mufti Abu Layth & Ustadh AbdusShakur Brooks: A discussion on Maliki Fiqh (19:50–22:26)
- Status: a view quoted in order to be discussed, not a position held
- Watch from the start of the segment: https://www.youtube.com/watch?v=hcscudhD8bU&t=1190s
- Recording page: https://muftiabulayth.org/r/hcscudhd8bu/

**Topics:** The Maliki school; Schools of law and following them; Hijab and niqab

**Summary (not a quotation; machine-made, unchecked):** The speakers disagree on whether Imam Malik's own words or the later transmitted madhhab decide a ruling; one says Malik's hijab fatwas were relaxed and left the face uncovered.

## Longer summary

The speakers dispute whether Imam Malik's own statements or the madhhab as transmitted is decisive, using the example of praying while holding back the call of nature: one says Imam Malik in the Mudawwana [?] holds the prayer invalid only if it takes away concentration, the other that the madhhab as it came down treats it differently. One speaker then says that Imam Malik's fatwas on hijab, such as a woman not having to cover her hair before her slave, are much more relaxed than those of other madhhabs, and that his fatwa clearly has the woman not covering the face, in line with the Quran and Sunnah.

## Sources and names cited

- Ustadh Abdus Shakur Brooks (guest)
- Imam Malik
- al-Mudawwana [?]

## Transcript (machine tier, 19:50–22:26)

[19:11] after aftering and him ageing to what said about the of the not being yeah Bing because the this m talking you see but then this is now going to be the opinion of some versus the opinion of but the they all agree upon is by Quran and Sunnah it isn't ordained okay now the rest is going to be some interpretations saying that look guys I think you know what you should just do this anyway because there's going to be not not necessarily because the interpretation is obviously based on

[19:50] other and for example in in the of IM Malik the in our of IM Malik is that if you pray yeah with something in your stomach and you're holding it back then your prayer is invalid that's the statement of IM Malik no but that's not necessarily like because IM Malik in the M says that if no but IM Malik in the himself says when he says he says that if it does not he says then it's okay that's in the and he says only if it takes his attention away from Salah that he no longer can

[20:29] concentrate on the Salah then his Salah would be invalid but that's not the the M that's why they made that would actually still be the maab if you understand it like that no but that's not how no because that's not how it came down to us how it came how it came down through the through the nus we understood it to be that in the case if it prohibits him from doing a waj then his prayer becomes inval yeah because the thing is that look Imam Malik himself is saying that like I I mean to me it's reasonably clear in the M he's saying they're making I okay but the earlier said they're making they're making like the I don't know you see if you're saying in the sense of just

[21:09] clarification I don't think it's a in because imik himself is saying that look it doesn't invalidate the Salah he says but if if the thing is if it takes away like if it takes away the fact that you can't if that no I'm saying if a person becomes occupied in his mind and occupies him but this is now not a there's a clarification isn't it there's a difference between a whe I mean okay but but that's okay fair enough that's besides the point here but the thing is that you see also you're

[21:47] going okay for example within the Maliki we also have things like uh the rulings when it comes to stuff like between the woman and her slave and stuff like this she doesn't have to cover her hair she doesn't have to do stuff like I mean very you see when you see IM Malik's fatawa regarding the concept of hij they are relatively speaking much more relaxed than the other MBS his understanding of what this and neither has he ever himself in fact his fwa seemed very clear in the sense that the woman doesn't cover the face that's what it uh you know the fwa we

[22:25] have from the IM himself which then fall in line with the Quran and Sunnah rulings as well okay then you see that's another thing you have to keep in mind because you see if we put things in the perspective why he wouldn't talk about it then if we talk about the position of the malakis in regards to women coming out of their houses they weren't going out except for you understand so who who says that I mean you can find that way in no I mean we like you you find clearly in the books of Hadith that the women were coming out they were in the marketplaces even the fact that I mean you see several of these here's the difference now that would be under the

## Cite

Mufti Abu Layth Archive, segment hcscudhD8bU/s/4. https://muftiabulayth.org/r/hcscudhd8bu/s/4/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.